ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS
4. Pre-trial Proceedings 4.1 Interim Applications/Motions
proven, the plaintiff will be given a notice for filing closing written arguments and the court shall issue the judgment in accordance with the applicable law. If the lawsuit relates to non-disposable rights, the plaintiff will have to produce evidence of the alleged facts. 3.7 Representative or Collective Actions The commencement of collective actions is a right enshrined in constitutional law. However, although this right is reflected in several other laws, the form of its exercise is not specifically regulated. It is commonly admitted that collec- tive actions are allowed in some cases, such as actions brought by unions, professional or consumer associations. Collective actions fol- low the procedure provided for in the civil pro- cedural law. 3.8 Requirements for Cost Estimate Lawyers’ fees are freely set between lawyer and client. It is advisable for an engagement letter to be produced, or at least for the conditions to be set by written communication. The court tax code ( Código de Custas Judiciais ) sets the amounts for court fees and other appli- cable court costs. The value of the court fees is calculated on the basis of the value attributed to the lawsuit by applying the legal table. This table of fees is regressive – ie, the rate decreases as the process value increases. Furthermore, there is a maximum limit for the court tax, regardless of the lawsuit value.
Interim applications are allowed for certain pur- poses, such as injunctive relief, early proof pro- duction, amendment of statement of case (only until reply to the opposition), extension of time or enabling successors. 4.2 Early Judgment Applications An early judgment is admitted, either in respect of procedural matters or on the merits. The par- ties may apply, in the pleadings, for an early judgment in respect of legal matters such as the jurisdiction of the court, the legal standing of the parts and any other legal questions that may refrain the court from issuing a judgment on the merits. Regarding the judgment on the merits, and regardless of any request for this purpose, the court should consider whether there are suf- ficient grounds for a safe early judgment – ie, when there is no need for further evidence of the relevant facts. If so, the court may issue the judgment on the merits immediately. However, the law does not foresee partial judgments on the merits. 4.3 Dispositive Motions As stated in 4.2 Early Judgment Applications , it is only permitted to discuss the matter of fact or of law in foreseen proceedings. However, the parties are allowed to file late applications regarding supervening facts that may lead to dismissal or affect the judgment. 4.4 Requirements for Interested Parties to Join a Lawsuit Interested parties are allowed to intervene in the process in various circumstances. This interven- tion can be provoked by either party or can be
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